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Grampa

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  1. Owners of second homes who abuse a tax loophole by claiming their often-empty properties are holiday lets will be forced to pay under new measures announced by the government today.

    The Department of Levelling Up, Housing and Communities says the changes will target people who take advantage of the system “to avoid paying their fair share” towards local services in popular destinations such as Cornwall, Devon, the Lake District, Suffolk, West Sussex and the Isles of Scilly.

    Currently, owners of second homes in England can avoid paying council tax and access small business rates relief by declaring an intention to let the property out to holidaymakers. 

    However, concerns have been raised that many never actually let their homes and leave them empty and are therefore unfairly benefiting from the tax break.

    Following a consultation, the government says it will now bring changes to the tax system, which will mean second homeowners must pay council tax if they are not genuine holiday lets.

    From April 2023, second homeowners will have to prove holiday lets are being rented out for a minimum of 70 days a year to access small business rates relief, where they meet the criteria.

    Holiday let owners will have to provide evidence such as the website or brochure used to advertise the property, letting details and receipts.

    Properties will also have to be available to be rented out for 140 days a year to qualify for this relief.

    Housing Secretary Michael Gove says: “The government backs small businesses, including responsible short-term letting, which attracts tourists and brings significant investment to local communities.

    “However, we will not stand by and allow people in privileged positions to abuse the system by unfairly claiming tax relief and leaving local people counting the cost.

    “The action we are taking will create a fairer system, ensuring that second homeowners are contributing their share to the local services they benefit from.”

  2. Trying to get ahead of the game before any new requirements come in and get the EPC'S on my personal rentals up to at least a  C (69). I have a flat that with a rate of D 65 and therefore only needed 4 more points to get it up to a C (69). The original EPC which is 9 years old stated single glazed so as I've had the flat fully double glazed and a new boiler that should have smashed it well above a C 69.

    Well here's a lesson in reading your documentation fully because the new EPC came in at a lower 61 even with the new boiler and DG and the reason was because the original EPC stated the property as first floor incorrectly and not second (top) floor which is flat roof. I guess even if the error was spotted when I purchased the flat the implications wouldn't have been so apparent as they are now. 

    I am not happy but just means I will try to off load it a bit quicker.

     

  3. If you rented out a house you would have an inventory to document the condition prior to the tenancy starting which the tenant would agree and sign a copy and that would be use against the check out report. Why do you think it should be any difference to rent a room out

     

     

  4. 18 minutes ago, Richlist said:

     

    If lots of work has been carried out to raise the EPC rating a couple of notches isn't it reasonable to expect an agent to at least make the effort to use it as a feature to attract new tenants ?

    You may think that but there has never been a problem in attracting tenants if a property is priced correctly and listed on all the normal portals there has never been in my memory such a glut of properties there hasn't been numerus tenants applying for them. Covid has made the situation even worst for tenants as there are not so many tenants moving and therefore less on the market which has driven up rental prices. 

  5. 23 hours ago, Richlist said:

    Some landlords may find the costs to comply with the EPC rating high but the other way to look at it is.....

    * The expense is tax deductable.

    * Improvements made in order to comply will increase value &/ or saleability.

    * The property will be more attractive to potential tenants.

    * Rents may be able to be increased.

    * It doesn't need to all be done at the same time. The work can be planned to meet timing, finance, availabilty, voids etc.

    * Any work can be spread over more than one tax year.

    * Perhaps the most important.......those landlords looking to buy property which hasn't had the work done should be able to negotiate a substantial discount to cover part of the costs.

    * Etc. Etc.

     

    Have to disagree on the one in red. I think in the last 10 years I have only known 2 maybe three potential tenants even bring up the subject of the EPC or rating. Although for the last few years I have staff dealing with the sharp end and I'm asleep in the back office.

  6. I'm already starting a plan of action to get my properties up to a EPC rating of a C. Partly because of the planned requirement for renting and partly for the purpose of obtaining lower mortgage rates.

    I have just purchased a new property in dec that was a D with a year left on the current EPC so with a little work have just obtained a C rating. I have other one also currently a D running out in feb but have had double glazing fitted recently so that should reach a C with no further work. 

    However, I can see a lot of agents and landlords kicking this can down the road and then there being a huge rush to be compliant when the law kicks in and the works for some will be huge.

     

  7. I have always had a good relationship with my local council and we now dont get chased for HB overpayments unless it is obvious we shouldn't have it such as a payment that relates to a period after the tenancy has ended because we should have known as the dates the payment relate to are provided.

    Now appealing an UC overpayment (£400ish)  is another story. For a start the UC payments when received into our client account the reference does not state the period dates the payment relates to.  So after getting a payment for a tenant which was processed and paid to a landlord we then get an overpayment notice because apparently it was for a period after the tenant vacated. The online appeal portal firstly isnt designed for agents and after advised to appeal in the tenants name as if I was the tenant (this felt so wrong but UC advised this) and quoting the  normal line and rule "it is only recoverable under s.71 Social Security Administration Act 1992 and only recoverable from the person who has misrepresented or failed to disclose any material fact" and because there was no way we could have known which date the payment related to my appeal still failed. Now 4 months later I'm still waiting for details and and account details on how to repay these funds.

  8. My understanding is any tenants who are retired or long term sick/disabled still get HB all else (i think) go onto UC. 

    Regarding overpayments it is only recoverable under s.71 Social Security Administration Act 1992 and only recoverable from the person who has misrepresented or failed to disclose any material fact which caused the overpayment (so if no such person, it is not recoverable). [The Child Poverty Action Group v Secretary of State for Work and Pensions [2010] UKSC 54]. 

     

     

  9. Though I'm steering away from leasehold for all the reasons RL gives above I did purchase one last year, a nice modern 2 bed ex-council flat with its own entrance, parking and courtyard and the only service charges are the insurance contribution of about 120 quid per year to the freeholder which is the council. Though I acknowledge I could get others bills for maintenance as and when required  I see this as an acceptable lower cost compromise of owning leasehold. 

  10. Its not stopping me. I'm completing on another BTL this week. My target properties have changed from leasehold to freehold though and any new purchases are via a limited company.

    Not the best of time of year to complete on and the property needs very little work, just a bit of cleaning and titivating. I have been a bit cheeky and started advertising after exchange (last week) and have 3 viewings friday lined up. So subject to ref's and suitability I may get someone in mid Jan.  

  11. We protect our deposits with the TDS insured scheme and because our tenancy agreements state words to the effect the tenancy doesn't end after the fixed term but continues as a contractual periodic tenancy (opposed to a normal statuary periodic tenancy) the "Prescribed Information" does not need to be resent however a new certificate from the scheme has to be given to the tenant stating the tenancy is periodic. 

  12. 11 minutes ago, Richlist said:

    That insurance sounds great value at £3 a month......and obviously costs less when offset on your tax return.

     

    The product is called "Whatever Happens" and also covers (without cost) for visits when there is no fault and its a "user error" issue. The monthly cost is if I remember calculated on the cost of the appliance.

     https://www.currys.co.uk/gbuk/protect-projectors-316-commercial.html

  13. 18 hours ago, Melboy said:

    I supply everything mentioned above except for washing machines. A long story but years ago I had so much trouble with tenants and washing machines I vowed I would not supply them anymore. Summed up in one word, abuse.

    It's worked out fine for me ever since and that has been for about 15 years or so now.

    If I did ever supply a washing machine it would have to reflect in a slightly higher monthly rental charge.

    In one of my flats the only place that that a washing machine could be fitted was the bathroom in a boxed in area but the door had to be taken off. As I obviously didnt want tenant taking doors on and off i fitted the cheapest Currys one I could buy. But I also took out Currys lifetime maintenance plan which costs £3 per month. Which covers parts and labour and if the parts are unavailable any more they replace the machine.  The tenants been in for 7 years so far and I have had 2 call outs so far and paid £252 to date towards the maintenance cover. I am guessing the machine is coming to the end of its life so am hoping to get a new one fitted soon for free.

  14. 20 hours ago, Richlist said:

    I know I can be a bit of a pain in the backside but it's in my nature.....I can't move on until I've mentioned everything else legal or otherwise. So, additionally you might like to consider:

    Deposit protection, prescribed information, standing order details, legionella advice sheet, booklet on how to control condensation, list or restrictions if leasehold, smoke alarm working form, template for reporting repairs, any AST extra clauses, help & information sheet from landlord.

    Quite right Richlist. You start Monday😀

  15. The deposit also covers for rent arrears and also encourages a tenant to leave a property in good order when they vacate. Also if they cant afford the deposit are they going to be able to afford and budget for the rent payments?

    The question also comes to mind why would a tenant take a property without floor coverings unless they cant rent elsewhere or the rent is significantly lower.

    Personally I like to make a property desirable as possible within a  budget to have a wider choice of tenants and therefore arguably better a quality tenant.  

  16. You are the landlord and therefore responsible and the the tenant has the right to make a claim UP TO 3x the value of the deposit +the return of deposit.

    HOWEVER, you employed the agent to perform a service and if you are being taken to court for their mistake you would have a valid claim against them if you suffer a loss in the court.    

    Have you informed the agent yet of their error and ask what they plan to do to rectify their mistake or give an undertaking to underwrite any financial award made against you. They need to be informed in writing of the situation. 

  17. If you have filled the form in correctly andthe tenant is in at least 2 months in arrears you should get the uc payments. If not there is either no valid claim in place or it has been stopped.

    Have you also contacted the housing benefit dept at your local council? Because some tenants depending on their circumstances are claiming HB not UC and if that is the case you need to speak to the council. If there isnt a claim in pay they will let you know.

    Do you have a guarantor for the tenant?

     

      

  18. If it’s an issue or concern for you in case a tenant gets locked out just provide details of a couple of your preferred contractors for the tenant to contact if an emergency. Also remember it can be a lot cheaper sometimes to gain access via a small broken window than calling out an specialised locksmith. 

  19. As above. But as an agent myself I would advise away from using break clauses because it is so easy to get them wrong the wording can be unclear and acting on one to serve a tenant notice has a higher chance of being incorrect. Just start any new tenancy off as a 6 month fixed term and consider giving a longer one after a say 12/18 months. 

    Keep it simple. 

     

  20. Just add to the normal cleaning clause that it includes the balcony. Making it a requirement to remove nests maybe a unfair term and if someone had an accident doing it you may have a potential claim on your hands regardless of merit, after all you wouldn't expect tenants to clear nests from gutters. Just make sure you have a good inventory with added photos showing condition prior to the tenancy starting and signed on every page by the new tenant.

    Why include cleaning? That is an unusual thing to add and some tenants would take advantage of it to live in a grubby manner and make complaints about the cleaner if it wasn't done to a certain standard or didn't turn up at a certain time or want the day changed to suit them etc etc. This potentially could cause you a lot of work.

    Regarding mail just put in place a post office redirection for 12 months which will be plenty of time for you to change correspondence addresses. You cant expect tenants to open your mail, take a photo and send to you. What if they don't do it promptly enough for you and there was some form of penalty you incurred because you got the info late? 

    Keep it simple 

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